IN THE CASE OF:	  

		BOARD DATE:	  28 May 2012

		DOCKET NUMBER:  AR20120019699 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to reflect two foreign service tours in Vietnam.  

2.  The applicant states he served in Vietnam from January 1967 to January 1968 and from September 1968 to August 1969.  

3.  The applicant provides his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s records show he enlisted in the Regular Army on 1 September 1966.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 51B (Carpenter).  

3.  Special Orders (SO) Number 122, issued by Headquarters, U.S. Army Training Center, Fort Campbell, KY, dated 21 October 1966, awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).

4.  Subsequent to MOS training, he served in Vietnam from on or about 8 February 1967 to 4 February 1968, a period of 11 months and 27 days of foreign service.  He was assigned to the 577th Engineer Battalion (Construction). 

5.  Upon completion of this tour, he was reassigned to Fort Benning, GA.  He departed Fort Benning enroute to the U.S. Army Pacific (USARPAC) on or about 13 September 1968.  

6.  He again served in Vietnam from on or about 22 October 1968 to 17 August 1969, a period of 10 months and 2 days of foreign service.  He was assigned to Company F, Troop Command, U.S. Army Depot - Long Binh.  

7.  He was honorably released from active duty in the rank/grade of specialist four (SP4)/E-4 on 24 August 1969 after completing 2 years, 11 months, and
16 days of creditable active service, with 8 days of lost time.  His DD Form 214 shows:

   a.  In item 22c (Foreign and/or Sea Service) "10 months and 2 days."

   b.  The following awards:

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal

   c.  In item 30 (Remarks) no service in Vietnam.

8.  Army Regulation 600-8-22 (Military Awards) states the Vietnam Service Medal is awarded to all members of the Armed Forces of the United States for qualifying service in Vietnam after 3 July 1965 through 28 March 1973.  This same regulation states that a bronze service star will be awarded for wear on the Vietnam Service Medal for participation in each campaign.  A silver service star denotes five bronze service stars.  Appendix B shows during the applicant's service in Vietnam, participation credit was awarded for the:

* Vietnam Counteroffensive Phase, 1 July 1966 - 31 May 1967
* Vietnam Counteroffensive Phase III, 1 June 1967 - 29 January 1968
* Tet Counteroffensive, 30 January - 1 April 1968
* Vietnam Counteroffensive Phase V, 1 July - 1 November 1968
* Vietnam Counteroffensive Phase VI, 2 November 1968 - 22 February 1969
* Tet 69/Counteroffensive, 23 February - 8 June 1969
* Vietnam Summer - Fall 1969, 9 June - 31 October 1969

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows during the applicant's service with the 577th Engineer Battalion this unit was cited for awards of the:

* Meritorious Unit Commendation, for service from 2 August 1966 to 11 June 1967 by Department of the Army General Orders (DAGO) Number 5, dated 1969
* Meritorious Unit Commendation, for service from 12 June 1967 to 7 December 1968 by DAGO Number 48, dated 1969

10.  Department of the Army Pamphlet 672-3 also shows during the applicant's service with Company F, Troop Command, U.S. Army Depot - Long Binh, this unit was cited for award of the Meritorious Unit Commendation, for service from 
1 September 1968 to 31 August 1969 by DAGO Number 39, dated 1970. 

11.  DAGO Number 8, dated 1974, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to Headquarters, U.S. Military Assistance Command and its subordinate units during the period 8 February 1962 to 
28 March 1973 and to Headquarters, U.S. Army Vietnam and its subordinate units during the period 20 July 1965 to 28 March 1973.

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the      DD Form 214:

   a.  Item 22c shows the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater service was performed, e.g. "USARV" (U.S. Army Vietnam);

   b.  Item 24 shows a member's awards and decorations; and

   c.  Item 30 is used for mandatory requirements when a separate block is not available and as a continuation entry.
DISCUSSION AND CONCLUSIONS:

1.  With respect to the foreign service in Vietnam:  

	a.  The applicant served in Vietnam from on or about 8 February 1967 to
4 February 1968, a period of 11 months and 27 days.  He again served in Vietnam from on or about 22 October 1968 to 17 August 1969, a period of 
10 months and 2 days.  

	b.  The regulation in effect at the time required a listing of the foreign service and the last major overseas theater/command in item 22c.  In the applicant's case, the total foreign service is incorrectly listed and the major overseas command is omitted.  Therefore, he is entitled to correction of his DD Form 214 to show completion of 1 year, 9 months, and 29 days of foreign service in USARPAC.  

	c.  Furthermore, there will be no harm to the Army or the applicant if his Vietnam service from 8 February 1967 to 4 February 1968 and from 22 October 1968 to 17 August 1969 is also listed in item 30 of his DD Form 214. 

2.  SO awarded him the Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14).  He is entitled to correction of his DD Form 214 to show this badge. 

3.  He was awarded the Vietnam Service Medal.  He also participated in seven campaigns during this period of service.  Therefore, he is entitled to one silver service star and two bronze service stars to be affixed to his already-awarded Vietnam Service Medal and correction of his DD Form 214 to show these service stars. 

4.  General orders awarded his units in Vietnam the Republic of Vietnam Gallantry Cross with Palm Unit Citation and three awards of the Meritorious Unit Commendation during the time he was assigned to these units.  Therefore, he is entitled to correction of his DD Form 214 to show these unit awards.









BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

* deleting from item 22c of his DD Form 214 the entry "00-10-02" and adding the entry "USARPAC 01-09-29"
* deleting from item 26 the Vietnam Service Medal and adding the:

* Vietnam Service Medal with one silver service star and two bronze service stars
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
* Meritorious Unit Commendation (3rd Award)
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-14)

* adding to item 30 of his DD Form 214 the entry "Service in Vietnam 8 February 1967 to 4 February 1968 and 22 October 1968 to 17 August 1969"



      _______ _   _x______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20120019699



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ABCMR Record of Proceedings (cont)                                         AR20120019699



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